PUCHCHI MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) -This application has been filed by the applicant Puchchi Mishra with a prayer that he may be released on bail in Case Crime No. 235 of 2005 under Sections 302, 307 and 504, I.P.C. and 3 (2) (5) of S.C./S.T. (P.A.) Act P.S. Ajitmal district Auraiya.

(2.) THE prosecution story in brief is that the F.I.R. of this case has been lodged by Asha Ram on 4.9.2005 at about 8.10 p.m. in respect of the incident which had occurred on 1.9.2005 at about 7.15 p.m. THE distance of the police station from the alleged place of occurrence is about 6 km.. THE F.I.R. was lodged against the co-accused Anil Kumar Tripathi and three unknown miscreants alleging therein that the deceased Mahendra Kumar alias Kristo, Kripa Shanker and Hari Yogendra were present in the market of Anant Ram, at about 7.15 p.m. a white coloured Marshal vehicle came from the side of Mahewa which stopped near the wine shop, from the vehicle co-accused Anil Kumar Tripathi and three unknown miscreants, who were armed with rifle, came out and by showing their weapons hurled abuses only to show their supremacy in the market. THE first informant, deceased Mahendra Kumar, witness Kripa Shanker and witness Dr. Hari Yogendra were present there and who were ready to move by their motor cycles, then the co-accused Anil Kumar Tripathi and his three unknown miscreants put the barrel on the person of Hari Yogendra to know as to what has happened today at the liquor shop? THE witness Hari Yogendra when showed his ignorance he was abused by the accused persons by saying that talk in a low volume after putting off the spectacle then the deceased Mahendra came to pacify the matter and he caught hold the rifle's barrel of the co-accused Anil Kumar Tripathi for saving the life of Hari Yogendra and tried to persuade the co-accused, in the meantime, in an abusive language a shot was discharged at the deceased which hit him, consequently he died on the spot. THEreafter other persons also came at the place of occurrence and the deceased was taken to P.H.C. where he was admitted as an emergency patient on 4.9.2005 but he was discharged on 5.9.2005 for the purpose of advance treatment and he was taken to Kanpur. During investigation the first informant disclosed the name of the applicant in his second statement recorded on 3.10.2005 under Section 161, Cr. P.C. alleging therein that the applicant discharged the shot by rifle which hit the deceased but this fact could not be mentioned in the F.I.R. and in his earlier statement because he was too much perturbed. THE same statement was given by the witness Hari Yogendra Singh and the witness Mahesh son of Nand Ram.

(3.) IT is further contended that the applicant is not Puchchi nor he is Misra by sub caste, even he is not the resident of village Bamhaura, he never lived there. The correct name of the applicant is Dharmendra and his sub-caste is Tiwari. His father's name is Chandra Shekhar Tiwari. He is resident of village Mahewa since his birth. The identity of the applicant is highly doubtful. The co-accused Anil Kumar Tripathi and Brijesh Mishra have been released on bail by this Court on 19.12.2005 and 14.2.2006 respectively and the co-accused Rajiv has been released on bail by the learned Sessions Judge, on 9.2.2006. Therefore, the applicant may also be released on bail.